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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading File ID: #7582 Date: 06/22/2020 Commission Meeting Date: 10/22/2020 Type: Ordinance Subject: Amend Code - Chapter 10 - Building/Code Relief Program Purpose of Item: Requesting Department: Department of Building Sponsored By: Alex Diaz de la Portilla District Impacted: All The purpose of this item is to request an amendment to Chapter 10, Article V of the Code of the City of Miami, Florida, as amended, entitled "Buildings/Code Relief Program", more particularly by amending Section 10-70 to extend the deadline for the Code Relief Program. Background of Item: On January 26, 2012, the City Commission adopted Ordinance No. 13304, which established the Code Relief Program to allow for homestead property owners to participate in an amnesty program to bring their properties into compliance with the Florida Building Code, or for unpermitted work completed prior to March 1, 2002. The current program sunsetted on September 30, 2019. This ordinance would extend the program until September 30, 2021 and can be extended for a period of one (1) year upon vote by the City Commission. Budget Impact Analysis Item has NO budget impact Reviewed B City Commission Nicole Ewan City Manager's Office Asael Marrero Office of Management and Budget Fred Pericles Office of Management and Budget Christopher M Rose City Manager's Office Arthur Noriega V City Manager's Office Nzeribe Ihekwaba Legislative Division Valentin J Alvarez Office of the City Attorney Jihan Soliman Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Meeting Department Head Review Budget Analyst Review Budget Review City Manager Review Assistant City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Unsigned by the Mayor Completed Signed and Attested by the City Clerk Completed Rendered Completed 07/23/2020 9:00 AM 09/08/2020 3:43 PM 09/11/2020 2:55 PM 09/13/2020 8:01 AM 09/13/2020 11:27 AM 09/15/2020 10:51 AM 09/15/2020 11:06 AM 09/15/2020 3:29 PM 09/15/2020 6:31 PM 09/15/2020 7:55 PM 09/24/2020 9:00 AM 10/22/2020 9:00 AM 10/30/2020 5:31 PM 10/30/2020 5:37 PM 10/30/2020 5:37 PM City of Miami File ID: 7582 (Revision:) Printed On: 5/12/2025 City of Miami Legislation Ordinance Enactment Number:13933 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7582 Final Action Date: 10/22/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10, ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "BUILDINGS/CODE RELIEF PROGRAM"; MORE PARTICULARLY BY AMENDING SECTION 10-70 TO EXTEND THE DEADLINE FOR THE CODE RELIEF PROGRAM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current economic climate makes it difficult for residents to bring their properties built under old building and zoning codes into compliance without proof of proper permits; and WHEREAS, many additions and structures were built without permits but pursuant to legal codes at the time of construction; and WHEREAS, pursuant to Ordinance No. 13304 adopted on January 26, 2012, the City Commission adopted Chapter 10, Article V, Sections 10-70 thru Section 10-75 of the Code of the City of Miami, Florida, as amended ("City Code"), establishing the Code Relief Program ("Program") to allow for homestead property owners to participate in an amnesty program to bring their properties into compliance with the Florida Building Code for unpermitted work completed prior to March 1, 2002; and WHEREAS, the City of Miami ("City") has the opportunity to continue to assist those who wish to legalize their properties in a manner that allows the safe and orderly procurement of permits to allow for such legalization; and WHEREAS, the Program sunsetted on September 30, 2019; and WHEREAS, the City wishes to increase public knowledge of the existence of the Program and to provide an extended period of time to use the Program; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 10/Article V of the City Code is further amended in the following particulars:1 "CHAPTER 10 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 7582 (Revision:) Printed On: 5/12/2025 BUILDINGS ARTICLE V. CODE RELIEF PROGRAM Sec. 10-70. City code relief program for structures built under prior building codes and zoning ordinances. Intent: This ordinance concerns the legalization of remodeling work and additions to existing buildings or structures located on Homestead property constructed prior to March 1, 2002. Applicants to this code relief program must apply before September 30, 2019 September 30, 2021. This article will sunset on September 30, 2019 September 30, 2021. Thus, applicants can avail themselves of the code relief program as long as they apply before September 30, 2019 September 30, 2021. This program can be extended for a period of one (1) year upon vote by the City Commission. Minimal life -safety requirements must be met, including but not limited to, side and rear setbacks. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: end e ezCiity Attor 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 7582 (Revision:) Printed On: 5/12/2025